Tuesday, July 10, 2012

MMJ: Springs duo files lawsuit against state

John Ingold at the Denver Post reported today that Michael Kopta and Alvida Hillery of Colorado Springs have sued the Colorado Department of Revenue over current county prosecution that the pair feels resulted from an unclear ruling by the state.

In the lawsuit ... attorney Sean McAllister argues that it is unclear whether dispensaries can start growing the moment prospective patients send in their application, when they're approved or at a later date.

It's not a trifling question because, as the criminal charges against Kopta and Hillery show, dispensary owners can face criminal prosecution if found to be over their plant limits.

"These center owners are not in the business to commit felonies," McAllister wrote in the lawsuit. "They are in business to comply with the law. ... They cannot comply with the law if it is ambiguous and results in an unclear application."